EHCP advice

[SENMUMI]

My child has an EHCP recently put in place, mainstream schools have said cannot meet need, LA are now trying to get child reassessed by teachers by putting them in a resource unit temporarily although they agreed their needs but as mainstream are saying cant meet need it appears instead of agreeing specialist/EOTAS they are wanting to now change the provisions they have stated. Child is autistic and struggles with change and EHCP stated alot of support needed to access a setting, Feeling v frustrated Any advice please

If the EHCP has been finalised and you are unhappy with the content/placement, have you appealed?

Advice and information informing EHCPs comes from more than just teachers. New evidence from teachers wouldn’t overrule evidence from people like EP, SALT and OT.

If you are pursuing EOTAS/EOTIS, you will need to show it is inappropriate for provision to be made in a school.

You should also check the wording in F. Woolly and vague wording is common, but makes the EHCP unenforceable. Examples of woolly and vague wording include “access to”, “would benefit from”, “regular”, “up to”, “or equivalent”, “opportunities for”, “as appropriate”, “would be useful/helpful”, “such as”, “e.g.”, “etc.”, “as required”, “as advised”, “key adult(s)”, “small group”. The wording needs to be detailed, specified and quantified.

What you are describing is not at all allowed. My 🥇 piece of advice is to make sure the local authority caseworker, school, and anyone else involved, knows that you know it is not allowed.

Is the EHCP a draft or final?

Thanks so much for replies, it’s a finalised plan with provisions that are clearly above mainstream but mainstream put in sec I, which is a complete joke, local mainstreams have said that even with extra funding they can’t meet need and local specialist full, no other specialist schools have been suggested just this resource unit where she can go temperarily where she can be helped to transition which is ludicrous as her disability needs are not going to change. Does anyone know what legislation I can use as I’m thinking I need to make a complaint, Im thinking I may need to get a solicitor to assist or MP, tia

You don’t need to make a complaint. You need to appeal. You should have received a letter with the finalised EHCP informing you of your right of appeal and giving the details of the mediation company. Don’t bother actively partaking in mediation, just get the certificate and submit to SENDIST.

You should appeal B, F and I. Because the placement named in section I is the logical conclusion of B&F. B + F = I. Also, although they shouldn’t, LAs often word F in a way that supports the naming of the placement/type of placement they have named in I. And it is likely B&F need improving anyway.

You don’t need a solicitor. And MPs are often unhelpful for placements named in EHCPs.

Unless your preferred school is wholly independent, the LA must name your preferred school unless:
-The setting is unsuitable for the age, ability, aptitude or special educational needs of the child or young person; or
-The attendance of the child or young person would be incompatible with the provision of efficient education for others; or
-The attendance of the child or young person would be incompatible with the efficient use of resources.
(section 39(4) of the Children and Families Act 2014)

Being full is not defined in law, and for non-wholly independent schools, on its own being ‘full’ is not enough of a reason to refuse to name your preference. The LA has to prove the school is so full admitting DS is incompatible. The bar for this is higher than LAs and many schools admit. It has to be something tangible and specific and is more than an “adverse effect”, “impact on” or “prejudicial to”. You should ask the LA for specifics. For non-wholly independent schools the LA can, and must, name the school even if the school objects unless the LA can prove one of the reasons above. You only need an offer of a place for wholly independent schools.

If your preferred school is wholly independent, say and I will explain the rules for them.

Thanks so much for the info, the local specialist is now completely independent and all other specialists that I am aware of are a long drive away which would be hard as due to sensory overload child gets bad travel sickness although I have asked LA if they have another specialist for me to consider but none have been suggested just this resource provision for teaching and assessment, I’ve said an EOTAS package would now appear best as no mainstream will accept and other specialists are miles away, Im appealing which will take approx 1 year to get to tribunal

If your preferred school is wholly independent (as opposed to a section 41 independent), you need an offer of a place. They can’t be named against their will. Even with an offer of a place, you would need to show that the LA’s proposed school(s) can’t meet needs &/or it isn’t unreasonable public expenditure.

At primary, the maximum travel time is typically considered 45 mins. Although some travel further. If that wouldn’t be suitable for DD, do you have evidence?

Don’t rely on placements being suggested to you, look for yourself. You can search for schools here.

For EOTAS/EOTIS (with SENDIST you should use EOTIS because some judges have a bee in their bonnet and should your case land in front of them, you don’t want to annoy them unnecessarily), you need to demonstrate it is inappropriate (in the legal sense) for provision to be made in a school - this is in section 61 of the Children and Families Act 2014. It isn’t about it being best.

Is DD attending school full-time?

You should consider your evidence and if you need any independent assessments. Make SARs to the school and LA.

Thanks so much, she has been out of school since Easter due to autistic burnout at primary so no way she can attend mainstream, LA havent named a school just a type being mainstream on final plan although it’s clear her needs are not mainstream which is supported by no mainstream accepting her, there is evidence from her having extreme sensory needs and not being able to attend psychotherapy sessions due to dysregulation of the journey approx 25 mins by car, from what I can gather according to transport regulations she should be in a fit state to learn when she gets to school or words to that effect, it’s difficult to get evidence as it’s only me who takes her out in the car.

If DD is not attending a school full-time, you can request an expedited hearing. Still a wait, but not a year.

Even if the LA has only named a type of placement, they are still responsible for ensuring DD receives a suitable full-time education and anything detailed, specified and quantified in F.

If the LA’s intention is to fulfil their duty to provide a suitable full-time education by DD attending the resource unit and DD is unable (in the legal sense) to attend, request alternative provision.

although it’s clear her needs are not mainstream which is supported by no mainstream accepting her

It isn’t quite as simple as this. It doesn’t matter how clear things are in actual terms. It matters what is on paper. B+F=I. If B&F are poor, there is a risk that a school that can meet needs on paper but not in real life will be named. This is why it is important to appeal B&F as well as I. And it is why evidence is important because B&F are based on evidence. Also, unless the schools are wholly independent, they don’t need to accept her. The LA, or SENDIST, can name them even if they object. Then they must admit. If the school believes one of the lawful exceptions to naming them applies and they are named anyway, they could challenge this, but they rarely do because they know the bar is far higher than LAs and schools like to believe.

You should try to gather evidence DD is unable to travel. It is possible to get evidence even if it is only you who drives her. Depending on the circumstances, a range of professionals can document travel difficulties, e.g. EP, OT, CP, psychiatrist, CAMHS nurse, social worker, GP, previous school… Yes, DD needs to be in a fit state to learn, but you need evidence.

Thankyou very much for all your hard work tonight. It is much appreciated 😊

Whilst you appeal, remind the LA case law dictates where they name mainstream as type they should typically name a specific mainstream.